Should I Settle, or Should I Go to Trial?


Written by Mackenzie Saunders:

In a successful personal injury lawsuit, the injured person can win compensation through a settlement or through a trial. When in the process of filing a personal injury lawsuit, people often wonder if they should aim for a settlement or if they should go to trial. There are many benefits of settlements, and there are many benefits of going to trial: your strategy depends on the severity of your injuries, the strength of your evidence, and the amount of time you have to pay your injury-related bills. Read below to learn if you should settle your personal injury lawsuit, or if you should go to trial.

Should I Take a Settlement?

Settlements take place when both sides of a personal injury lawsuit agree on an exact amount of money to be paid to the injured party for their injuries, in lieu of going to trial. There are a few benefits to settlements: settlements take less time than trails, and settlements can get you compensation faster than trials can, so you can pay your bills fast. Settlements also mean that an injured person does not have to go to court and tell the story of their injury in front of a judge and jury, which can be a stressful experience for many.

However, there is one major downside to settling: settlements often yield less money than do trials. This is because, when the party at fault agrees to a settlement, they tend to agree to an amount that they believe is less than the amount they would spend if the case went to trial. More often than not, an injured person can receive more money for their injuries through a trial than a settlement. Keep this in mind when considering a settlement for your personal injury lawsuit. While settlements are a quick way to end your lawsuit and receive money quickly, remember that you may earn more compensation by waiting and going to trial.

Should I Go to Trial?

The main benefit of going to trial for your personal injury lawsuit is that injured parties tend to receive more compensation through trial than through settlements. This is because juries and judges tend to award more compensation to an injured person than do parties at fault during a settlement. More often than not, the party at fault will only agree to a settlement amount that they believe is less than the amount the person would receive in trial. Keep this in mind when considering going to trial over taking a settlement.

The main downside of going to trial is the amount of time that often accompanies going to trial. Going to trial can add months, and even years, to your lawsuit process. If you need money soon after your injury because of expenses you need to take care of right away, settling may be better for you than going to trial. However, if you are able to wait months or even years to receive your compensation, and if you would like to maximize your chances of receiving as much compensation as possible, going to trial is your best option. Additionally, going to trial can be a stressful experience for many. Often, the injured person speaks during trial and gives an account of what caused their injury. The person is subject to questions from their lawyer and questions from the other party’s lawyer. This experience can be incredibly stressful for some. Luckily, the right lawyer can prepare you well for trial to help ease your nerves, so don’t let the stress of going to court stop you from considering a personal injury trial.

Contact Us Today

Whether you want to settle or go to trial for your personal injury lawsuit, The Spinal Cord Injury Lawyers can help. We have vast experience in settlements and trials for personal injury cases, and we will fight for you to receive the justice and compensation you deserve. Contact us today at 1-877-SCI-FIRM or to schedule a free legal consultation.